EU State Aid Rules for Large Infrastructure Projects: Review of the European Court of Justice’s Hinkley Point Judgment (C-594/18P)

Latham & Watkins LLP

On 22 September 2020, the European Court of Justice (ECJ) delivered a judgment confirming the prior ruling by the General Court that validated the European Commission’s (EC’s) decision that the UK government could lawfully grant State aid to support the construction of the Hinkley Point C nuclear power station in Somerset, England.

This is the first time that the European Courts have been called on to clarify whether the construction of a nuclear power station may benefit from State aid approved by the EC pursuant to Article 107(3)(c) of the Treaty of the Functioning of the European Union (TFEU).

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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